Plodding progress on prosecutors

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Justice delayed, according to the legal maxim, is justice denied. So it became in the Melbourne Magistrates Court last week when seven cases were dismissed due to prosecutorial delays, some with costs awarded against the state. Another 30 summary prosecutions could be dismissed this week for the same reason. The cases already set aside range from drink-driving and speeding to breaching an intervention order. In one instance, charges of recklessly causing injury, unlawful assault and assault by kicking were dismissed by the court after being held over since July last year. The man's lawyer understandably refused to consent to another adjournment sought by police. Last month charges of drug trafficking, assaulting police and possessing the proceeds of crime were struck out for the same reason.

The root cause of the delays is a lack of police prosecutors - police officers whose job it is to present the police case against defendants in summary matters heard before the Magistrates and Children's courts in Victoria. Since 1981, the Victoria Police Prosecutions Division has handled summary matters in Melbourne and Geelong, with trained prosecutors attached to regional police offices in rural areas. Prosecutors are drawn from normal police ranks. They undergo an eight-week theoretical and practical training course. With an overall strength of about 200 and a caseload exceeding 100,000 prosecutions each year, their workload is intense. At present, however, there are 30 vacancies within the division, according to Police Association secretary Paul Mullett. There are also shortages in country centres such as Moe and Shepparton. Police Minister Andre Haermeyer acknowledged on Friday that there were 12 full-time vacancies and replacements were being sought. According to Mr Mullett, police are unwilling to take on prosecutorial work because the pay is lower than that of other uniformed members.

Prosecution brings to a conclusion all of the policing work done in an investigation and apprehension of alleged offenders. There is a critical public interest in ensuring that it is done properly and by adequately trained and experienced people. It is also in the interests of the police, who presumably do not want their investigatory work undone simply for want of enough staff to handle the caseloads. In Victoria, as in most other Australian jurisdictions, police have retained this role. There have been periodic calls for a separation of the investigatory and prosecutorial roles, removing the latter from the police and placing it in the hands of an independent office. This is the practice in federal jurisdictions. While there may be some merit in this in the longer term, the problem in Victoria is pressing. The Victoria Police and the State Government must move urgently to ensure the prosecutions division is adequately staffed. If that means addressing imbalances in pay and conditions, then this should be done immediately.